In Massachusetts, breathalyzer test refusal evidence is not admissible in the Commonwealth’s case in chief. This simply means that in Massachusetts, once you refuse the breathalyzer test, and you face a trial on an OUI charge, there will be no mention at all of a breathalyzer in the government’s case in chief. Additional inadmissible evidence in an OUI case in Massachusetts will include:
- Field Sobriety Test Refusal Evidence;
- Portable Breath Test Refusals;
- The Results of the Horizontal Gaze Nystagmus Test, Unless the Commonwealth Presents an Expert Witness.
It is important to note that even though the evidence may be inadmissible in the government’s case, it may become admissible if the door is opened by the defense. This is why it is important to have an OUI Lawyer who will keep the door closed.